DonnaS
(Tennessee)
Posts:2948
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| 08/07/2008 11:25 AM |
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Pat,
Comemon up. We are known as "half backs" Half way back to Wisconsin. I guess that I now have to root for the JETS! (Brett) |
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LindaC3
(Florida)
Posts:526
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| 08/07/2008 11:29 AM |
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PatR...come on out ..the Doors are always open !! Hubby works out of town so we both know that I am safe and snug here..... It's so nice to be able to feel safe in your home ..... I am up in north Okeechobee on 441.. 3500 acre subdivision with lots of amenties and good neighbors.....Only 299 ( 3 acre ) parcels so not of folks wandering around..LOL......and because we are a hunting facility folks down in town know eveyone here owns more than 2 guns so we have like ZERO BREAK INS here...Imagine that !!!
LindaC3 |
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PatR
(Florida)
Posts:139
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| 08/07/2008 11:32 AM |
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The funny thing is that most people never ask about arrangements.
The attorney is filing to the letter of the law.
We are close to foreclosing for nonpayment of dues...Sad.
But the bottom line is that people don't think of this as an "essential" bill.
We don't report to a collection agency. But the time has come to get tough.
We just doubled our late fees.... But people are out of work, and hurting. Some homes in our community have been left empty, people just walked away.
When we did our budget, it was "presuming" everyone paid. We can't run the community with "arrangements" |
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RobertR1
(South Carolina)
Posts:2512
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| 08/07/2008 4:08 PM |
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| Nice to come upon a post and find all resolved. Too bad what was resolved was the issue was not resolved, nor do I think it will be here. This appears to be a very active, lots happening in a short time. In fact it appears to me things are moving much to fast and are on a collision course. The battle of the Behemoths. Two to one there is a long history here and is convoluted as the moon's surface. I wonder how many players there are in this little incidenct. It appears some things are better worked out in arbritration. Is this in Florida? Also if the Regime Lawyer cannot come up with a plan to get this settled, then he should apply to a judge. Both sides should like this, they each will stop bleeding money over it, and move on to something else, and there will be something else. |
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DonnaS
(Tennessee)
Posts:2948
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| 08/07/2008 4:49 PM |
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Robert, my Dear Friend,
I reread the entire thread to be sure of my response to you. The concensus of all of our posts were that #1. The association had to add an item to their ARC guideline and #2, they had to lein this applicant for back dues of $5000.00. That covered the entire first page and after that, the tone of the posts got light because no one saw any other option other than what was posted. I think that once in a while, we can enjoy some post rather than have our brains taxed so heavily as some of the other ones do.  |
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PatR
(Florida)
Posts:139
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| 08/07/2008 5:12 PM |
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| J=E=T=S JETS JETS JETS |
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RW1
Posts:0
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| 08/07/2008 5:47 PM |
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My take has always been (about this case), based on the information provided here, the assn. has no grounds to disaaprove any AC applications based on financials or a member's "standing".
The OP has even said their atty. has stated so, yet, the issue is still debated here adnausium.
No offense DonnaS, but IMO, you are quick to cut/paste FS720 paragraphs without even understanding them. Go back to your second reply on page 1 and read what you pasted, paragrah 5.
Paraphrasing, it says if the assn. docs. don't allow AC refusal for being delinquent in dues or "not in good standing", as in this case, then NO committe or BOD can implement such stipulations without first AMMENDING the docs.
So why would believe otherwise as stated in your #1 consensus two replies up
SIMPLY ammending AC guidelines, etc. is exactly what this paragraph is trying to prevent. This is good legislation to protect HOs from power drunk BODs by, in most cases, first requiring membership approval to implement additional stipulations. This removes abusive power from a small group of people (BOD) and distrubutes it to all members.
Some of the other AC pre-approval stipulations I have read here are ridiculous and may not stand up in FLA.
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DonnaS
(Tennessee)
Posts:2948
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| 08/07/2008 6:12 PM |
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RW,
Thank you for the response. I have pasted the posts that you made statement about and I want to clarify that I questioned the part of the Statute. I got an answer from George and I agreed with his assessment.
My Quote--" Now I am NOT a lawyer but reading this paragraph from the Statutes about ARCs, read the sentence that starts with "Neither". Could that be interpreted to mean that because the ARC could deny the pool because the applicant IS NOT following the CC&RS by not paying his dues? After all, DUES are stated in the CC&Rs "
I reread this #5 and I still interpret it to be including the covenants which would require an owner to pay his dues.
(5) Neither the association nor any architectural, construction improvement, or other such similar committee of the association shall enforce any policy or restriction that is inconsistent with the rights and privileges of a parcel owner set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, whether uniformly
GeorgerwilliamsW---wrote
(Indiana)
Posts:163
My guess is that a fair reading of the covenants by a court would be that association fees are of a different character than other covenants, and that there are specific remedies for fees in arrears, making the argument tenuous at best. Nevertheless, that is why the association has a lawyer.
I then answered--DonnaS
(Tennessee)
Posts:2137
George,
You are probably right on that one
So RW, it is in the interpretation of the Statute. The State could make things a little easier on Boards by writting laws much clearer and stop using, notwithstanding, inconsistant, notwitholding, etc. This was a discussion on how that #5 is to be understood.
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PatR
(Florida)
Posts:139
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| 08/08/2008 5:29 AM |
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Nothing yet....I will let you know if the ARC appears.
Thanks again for all the info
Happy 8 8 8 GO PLAY LOTTO!
Pat |
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RW1
Posts:0
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| 08/08/2008 6:21 AM |
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Why do we care if it shows up?
This forum is becoming gossup.
You asked what your options were, we replied, your attorney advised you of your responsibilities, we learned something.
Move on! |
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GeorgerwilliamsW
(Indiana)
Posts:768
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| 08/08/2008 6:26 AM |
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Posted By RW1 on 08/08/2008 6:21 AM
Why do we care if it shows up?
This forum is becoming gossup.
You asked what your options were, we replied, your attorney advised you of your responsibilities, we learned something.
Move on!
Thanks, RW for saying what needed to be said.
You're a better man than I am, Gunga Din! |
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BradP
(Kansas)
Posts:1742
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| 08/08/2008 6:28 AM |
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Posted By DonnaS on 08/07/2008 11:25 AM
Pat,
Comemon up. We are known as "half backs" Half way back to Wisconsin. I guess that I now have to root for the JETS! (Brett)
Donna,
I take it you are not a Packer fan and just a Favre fan? |
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PatR
(Florida)
Posts:139
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| 08/08/2008 6:34 AM |
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Dearest RW...If you look back, a few were interested in the outcome of this...
Sorry if I put your panties in a twist.
I asked for help and advice, I (we) got a lot of help and a few laughs.
Sorry if I ruined your bad time.
Have a pleasant weekend. |
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MicheleD
(Kentucky)
Posts:1865
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| 08/08/2008 6:43 AM |
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Well, yes, since he doesn't have my email, and I, for one, am interested, it would be nice to hear how this turns out.
I'm guessing it's pretty simple to just skim over and move on if one isn't interested in the thread.
Anyway, "gossip" or not, I'm interested in the outcome, as I am with most all the issues and concerns posted on here, even the ones to which I may have posted unpopular advice or suggestions.
I suppose 8-8-8 is a tad better than 6-6-6 was.
Maybe I'll give powerball a shot?
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RW1
Posts:0
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| 08/08/2008 6:46 AM |
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Don't patronize me.
The OUTCOME was clear on page 1, reply 20 (yours)!
If they need more information they can write you and you can take the gossup off-line from the forum boards. |
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PatR
(Florida)
Posts:139
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| 08/08/2008 6:47 AM |
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| wow....take a pill |
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DonnaS
(Tennessee)
Posts:2948
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| 08/08/2008 7:04 AM |
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Brad,
NO!! Packer fan till death. Just happy that Brett left the division so I don't have to cheer on the Vikings or Bucs. |
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BradP
(Kansas)
Posts:1742
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| 08/08/2008 7:36 AM |
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Donna:
Just checking, I am also a Packer fan...I am one of those that is glad he is gone and we don't have to play the will he or wont he retire game anymore. |
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MicheleD
(Kentucky)
Posts:1865
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| 08/08/2008 8:25 AM |
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Who's Favre?
(Just kidding. . .)
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DonnaS
(Tennessee)
Posts:2948
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| 08/08/2008 8:40 AM |
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Michelle,
OUCH!! Thems fightin words. Ya gotta love the guy, ego and all. |
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RobertR1
(South Carolina)
Posts:2512
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| 08/08/2008 8:44 AM |
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This is sort of relevant to Favre, how, I don't know.
I read that when TV first started Broadcasting TV Baseball game there was a great hue and cry form the Baseball Kingpins that this would hurt their bottom line. It took a lot of money and alot of brains to figure that out. Too bad they were all wrong and now it cost on average for a family of four to see one game $200.00. God knows what it is for football.
I conclude that I don't much give a rat's poototie who Favre plays for. How in the world did sports become an elitest sport? Even when the Gladiators used to kill each other for sport, you could still get to see the action and have a beer and a Hot Dog for under five bucks. |
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DonnaS
(Tennessee)
Posts:2948
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| 08/08/2008 1:09 PM |
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GEEEEZ Mr. Robert, How OLD are you? |
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MaryA1
(Arizona)
Posts:2498
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| 08/08/2008 1:40 PM |
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| Wow, I didn't know the Romans served hot dogs and beer at the Collosseum! LOL |
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RobertR1
(South Carolina)
Posts:2512
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| 08/08/2008 2:50 PM |
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Oh my little chicka dees, I can teach you many things about this world.
Just follow me to the land of sunshine and honey and the you will experience wonders beyond your imagination.
And mine too, know that I think about it.
I am old enough to know better and young enough not to care. |
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MaryA1
(Arizona)
Posts:2498
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| 08/09/2008 7:25 AM |
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| Hey, my little Teddy Bear. I thought I was in the land of sunshine (AZ) -- don't know about honey -- fewer and fewer bees around these days. BTW, I'm "sweetpea" not "chickadee" -- at least that what my hubby of 43 yrs calls me. LOL |
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PatR
(Florida)
Posts:139
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| 08/09/2008 5:52 PM |
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| We just call is FloriDUH here.... |
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